Amondi and Co. Advocates v County Government of Kisumu [2021] KEELRC 597 (KLR)
The bottom line
#A Kenyan High Court confirmed advocates can turn a taxed certificate of costs directly into a court judgment without filing a separate lawsuit, but interest only accrues if service is proved.
What this practically means
#Executive summary
#Key legal issues
#Adoption of a certificate of taxation as judgment and decree
The certificate of taxation dated 5th May, 2021 was final and unaltered, there was no dispute as to retainer, and the applicant was entitled to judgment under Section 51(2) of the Advocates Act.
Section 51(2) of the Advocates Act empowers the court to enter judgment in favour of an advocate on taxed costs except where the certificate has been varied or set aside or where there is a dispute as to retainer. The respondent did not deny instructing the applicant, and the certificate of taxation had not been set aside or altered. The court therefore adopted the certificate as judgment and decree.
Entitlement to interest on taxed costs
Interest at 14% per annum was awarded only from the date of the ruling, not from the date of filing the bill, because the applicant failed to prove service of the certificate of costs on the respondent.
Rule 7 of the Advocates Remuneration Order provides for interest at 14% per annum payable from the 30th day after the bill of costs was delivered to the respondent. The applicant attached only the certificate of costs and produced no affidavit of service or other evidence of when the certificate was served. Without proof of service, interest could not run from the date of filing; it was awarded from the date of the ruling instead.
Legal principles established
#- Once a certificate of taxation is issued and has not been varied or set aside, and there is no dispute as to retainer, the court need only enter judgment on the taxed costs; the advocate need not file suit.
- Interest on taxed costs under Rule 7 of the Advocates Remuneration Order is payable from the 30th day after the bill of costs was delivered, and only upon proof of service of the certificate of costs.
Court orders
#- 1.The Certificate of Costs in respect of the taxation order made on 30th September, 2020 for Kshs. 214,549.50/- is adopted as a judgment and decree of the court.
- 2.Interest at 14% per annum on the taxed costs from the date of the ruling until payment in full.
- 3.Costs of the application awarded to the applicant.
- Jurisdiction invoked
- Section 51 of the Advocates Act Cap. 16 Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amondi and Co. Advocates v County Government of Kisumu [2021] KEELRC 597 (KLR)", Case Analysis (2021). Application dated 24th May, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/597/eng@2021-10-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.